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Forestry and Land Management (Scotland) Act 2018

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This is the original version (as it was originally enacted).

47Temporary stop notices: compensation
This section has no associated Explanatory Notes

(1)A person who—

(a)on the date on which a temporary stop notice is first displayed under section 45(6), has a right or interest in or over the land to which the notice relates, and

(b)suffers loss directly attributable to the prohibition of felling (or other activity related to the felling) effected by the temporary stop notice,

is entitled to compensation in accordance with provision made in regulations made by the Scottish Ministers.

(2)But subsection (1) applies only if—

(a)the felling (or other activity related to the felling) prohibited by the temporary stop notice—

(i)is exempt under section 24, or

(ii)is carried out in accordance with a felling permission, a felling direction, a restocking direction, a registered notice to comply, a remedial notice or a registered remedial notice, and

(b)the temporary stop notice has been revoked.

(3)Regulations under subsection (1) may, in particular, include provision about—

(a)the procedure for applying for compensation,

(b)the information to be provided in applications,

(c)the way in which the amount of compensation is to be determined,

(d)the way in which any disputes about compensation are to be determined,

(e)appeals about decisions relating to compensation.

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